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Author: Erwin Chemerinsky
Publisher: Aspen Publishing
ISBN: 1543850324
Category : Law
Languages : en
Pages : 1698
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Book Description
Federal Courts deservedly has the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis, but also the necessary foundation for inclusive pedagogy in the training of diverse 21st century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky’s Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky’s Federal Jurisdiction Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court’s federalism revival, and separation of powers Makes explicit the influences of Indian Removal, allotment, and the late nineteenth century extension of American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing Marries doctrinal and theoretical precision about the course’s core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning
Author: Erwin Chemerinsky
Publisher: Aspen Publishing
ISBN: 1543850324
Category : Law
Languages : en
Pages : 1698
Get Book
Book Description
Federal Courts deservedly has the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis, but also the necessary foundation for inclusive pedagogy in the training of diverse 21st century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky’s Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky’s Federal Jurisdiction Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court’s federalism revival, and separation of powers Makes explicit the influences of Indian Removal, allotment, and the late nineteenth century extension of American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing Marries doctrinal and theoretical precision about the course’s core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning
Author: Michael Finch
Publisher: Aspen Publishing
ISBN: 1543809030
Category : Law
Languages : en
Pages : 1116
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Book Description
Federal Courts: Context, Cases, and Problems, Third Edition by Michael Finch, Caprice L. Roberts and Michael P. Allen is an innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. New to the Third Edition: Updates to each chapter with key cases, text additions, and doctrinal developments, e.g. Markazi, Patchak, diversity jurisdiction via removal, and Ziglar v. Abbasi. New incorporation of thoughtful revisions to streamline comprehension and eliminates unnecessary explorations based on adopter feedback while maintaining all seminal cases. Updated charts, graphs, and problems based on new data, statistics, and cases such as Facebook, Spokeo, Sprint v. Jacobs, and McDonough v. Smith. Sharpened case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: Application opportunities with the included Reference Problems, questions, and additional problems. Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. Crisp, insightful case excerpts with helpful connecting explanatory text. Teaching materials include: Teacher’s Manual Sample syllabi
Author: Erwin C. Surrency
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 576
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Book Description
This pioneering text presents, in one single volume, the history of the federal courts since their establishment in 1789 and the changes that have occurred in the 200 years since. The author examines the historical context from which the federal court system grew and explores the expansion of the court system in response to procedural, conceptual, and historical influences. The evolution of the different types of federal courts through time is of particular focus, along with the growth of the jurisdiction of the federal courts and the changes to the procedure before the Supreme Court over time. To understand judicial history, it is important to appreciate the nuances of procedure and legal terminology at a particular time. For this reason, the author adheres to the use of the terms of law and procedure understood during the period under discussion. For example, a term such as 'circuit court' is used in its context as a trial court prior to 1911 and again in the context of today's "Circuit Court of Appeals." Specific chapters include: - The Prelude to the Establishment - Federal Courts Under the Articles of Confederation - The Establishment of the Federal Courts - The Organization of the Circuits - Judicial Legislation - Growth of Federal Jurisdiction - Growth of Federal Criminal Jurisdiction - Civil Procedure in the Federal Courts - Bankruptcy in American Law - Criminal Procedure in the Federal Courts - Development of the Appellate Review - Procedure Before the United States Supreme Court - Federal Judges - Courts in the District of Columbia
Author: Laura E. Little
Publisher: Aspen Publishing
ISBN: 1543815049
Category : Law
Languages : en
Pages : 630
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Book Description
Award-winning author and professor, Laura E. Little, has updated her approachable and practical study guide to what is considered one of the most challenging and abstract subjects in the law. Examples & Explanations for Federal Courts grounds the law of federal courts for students by providing brief textual introduction to doctrines, as well as examples, analytical answers, and graphical depictions of the legal doctrine. The new edition maintains the highly admired, straightforward Examples & Explanations format yet also includes many important cutting-edge developments in the field, omitted from competing books. New to the 4th Edition: Discussion of new case law on Article III arising under jurisdiction Review of new cases concerning diversity jurisdiction and supplemental jurisdiction Extensive revision and expansion of the standing materials, including standing issues arising in cases concerning gerrymandering, statutory rights, and false electoral speech Review of new cases pertaining to congressional control over federal courts Materials on the impact of an important decision pertaining to Younger abstention doctrine, Sprint Communications v. Jacobs, 571 U.S. 69 (2013) Integration of the myriad cases making subtle refinements and changes to the law of federal habeas corpus Professors and students will benefit from: Forthright treatment of nuanced and unsettled issues in the law— Federal courts is a discipline that resists black letter simplification of legal concepts: this study guide not only recognizes that fact, but also capitalizes on it, without sacrificing clarity or meaningful analysis. Award-winning author known for ability to present complicated subjects in an understandable fashion—A widely respected federal courts scholar, Professor Laura Little has lectured worldwide on federal courts issues and is a frequent federal jurisdiction lecturer for federal judges at judicial conferences and programs sponsored by the Federal Judicial Center. She has published several articles in the field of federal court jurisdiction and has won many teaching prizes (including a top teaching honor, the Great Teacher Award) as well as scholarship awards. Her work in procedural subjects has recently been acknowledged by the American Law Institute, which appointed her to serve as Associate Reporter for the Restatement (Third) of Conflict of Laws. Accessible and clear writing style and flexible organization—With lucid explanations of complex areas of the law, the volume breaks down doctrines into component parts. Organization adapts well to a variety of teaching approaches; topics are organized according to the various functions of federal courts, which gives the book thematic coherence while still allowing students to use the content according to their own needs. Written so that each chapter stands on its own. Visual aids—Includes several graphs and illustrations that illustrate both “macro” and “micro” understandings of the material; some are designed to convey larger relationships among doctrines and institutions, while others are designed to illustrate the intricacies of rules. Examples that model good lawyering and exam-taking techniques—The examples demonstrate complexities and ambiguities in the legal doctrine. The explanations provide models of practical skills for coping with uncertainty in the law. Through the explanations, students can learn to anticipate and outline arguments on both sides of a controversy. A book highly regarded by other Federal Courts professors—Both new and experienced federal courts professors report that they use the book for their own class preparation. Many professors use the book as a required text for their Federal Courts course.
Author: Erwin Chemerinsky
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1084
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Book Description
Widely regarded as the core text in federal jurisdiction, Chemerinsky's treatise covers this complex area of law with unrivaled clarity and authority. His approach to the material is straightforward--first defining the law, next identifying unresolved issues, then examining the underlying policy ramifications. Chemerinsky treats doctrine and policy issues more thoroughly than other texts--always with a balanced view that articulates all sides of an issue. Designed to accompany any of the major casebooks, this title is frequently assigned as the course text by instructors who prefer to supply their own case materials. A cornerstone of federal jurisdiction courses, this leading treatise offers: - an authoritative overview of federal jurisdiction that clearly states the current law, identifies unresolved issues, then explains the underlying doctrinal and policy debates - a closer look at underlying doctrine than other texts, helping students to gain a better grasp of the fundamental legal issues and policy ramifications behind federal jurisdiction cases - a balanced approach to arguments and case material, providing students with a well-rounded view of case precedent and a keen appreciation of the arguments on both sides of a given issueThis new 2003 edition has been thoroughly updated to include: - new coverage of sovereign immunity in such cases as Florida Prepaid v. College Savings Bank, Kimel v. Florida Board of Regents, University of Alabama v. Garrett, Federal Maritime Commission v. South Carolina, and others - more on restrictions of jurisdiction with particular attention to immigration cases such as St. Cyr v. INS and Zadvydas v. Davis, as well as parts of the USAPatriot Act and the Executive Order establishing military tribunals - recent U.S. Supreme Court cases on habeas corpus covering the court's interpretations of the Antiterrorism and Effective Death Penalty Act in Williams v. Taylor, Tyler v. Cain, Artus v. Bennett, and others
Author: Robert A. Carp
Publisher: CQ-Roll Call Group Books
ISBN:
Category : Courts
Languages : en
Pages : 262
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Book Description
Using their broad study of the U.S. judicial system, Judicial Process in America, as a base, Carp and Stidham narrow their focus to the federal judiciary in a third edition of The Federal Courts. Federal court policymaking affects all citizens, with rulings ranging from rose that evaluate the merits of controversial art shows to those that judge the fairness of a congressional district boundary. To put this policymaking in context, the authors discuss the types of cases before the federal bench, the decisionmaking process, and the backgrounds of the judges. Drawing on their own original research, the authors explore the effect of party affiliation on a judge's decisions across different areas of the law.
Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 9780199883271
Category : Law
Languages : en
Pages : 696
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Book Description
American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system.
Author: Michael L. Wells
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 958
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Book Description
The distinctive feature of this Federal Courts casebook, and the main difference between this and other Federal Courts books, is its systematic focus on remedial issues, especially the range of problems that arise when a litigant tries to enforce federal constitutional rights against state officers in the federal courts. Over the past fifty years, constitutional litigation has become a staple of the federal courts, and with it has come a number of doctrines aimed at channeling, timing, framing and otherwise regulating the way constitutional litigation is conducted. The Supreme Court's concerns have shifted away from such matters as the Erie doctrine and the relations between state and federal law, and toward the relations between federal courts and state officers. Current casebooks do not ignore these developments, but the books try to fit them into a model that is increasingly ill-suited to the task of presenting them in a straightforward and effective way. Departing from the traditional approach of Federal Courts books, the book begins with a chapter on Section 1983 litigation, and it includes the most comprehensive treatment of habeas corpus to be found in any Federal Courts casebook. The book stresses economy of means, clarity of presentation, and attention to the real-world Federal Courts issues that students need to be prepared for. At the same time, it gives due regard to the history and theory of Federal Courts Law, for one must read the cases in their historical context in order to understand them, and one cannot grasp the doctrine without studying the rationales that animate it. The book does, however, avoid extended treatments of issues that have great theoretical importance but little practical impact, and it gives little attention to historical debates that were once vital but have become largely irrelevant to modern Federal Courts law.
Author:
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 4
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Book Description
Author: Howard P. Fink
Publisher: LexisNexis
ISBN: 9780769865089
Category : Courts
Languages : en
Pages : 813
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Book Description
